Excelsior Correspondent
JAMMU, Apr 30: In a significant order under the Unlawful Activities (Prevention) Act, the Special Judge under NIA Act, Jammu, has allowed an application filed by the National Investigation Agency and ordered attachment of immovable properties allegedly belonging to accused Shaheen Ahmad Lone, a resident of Kanispora, Baramulla, in case RC-01/2020/NIA/JMU.
The order was passed on an application moved under Section 33(1) of the UAPA, seeking attachment of properties during pendency of trial. The properties include a residential house on land measuring 7.5 marlas under Survey No. 1192, land measuring 6 marlas with a shed under Survey No. 1802 Bay, and the building of Syed Baha-ud-Din Memorial School, Kanispora, under Survey No. 1154 min in Baramulla.
The case relates to the interception of a Hyundai i20 car at Al-Stop Naka on the Srinagar-Jammu Highway near Mir Bazar, Kulgam, on January 11, 2020, during which arms, ammunition, including an AK-47 rifle, pistols, a hand grenade and other incriminating material were allegedly recovered. The investigation was later taken over by the NIA after the Ministry of Home Affairs issued an order on January 17, 2020.
According to the NIA, accused Shaheen Ahmad Lone was allegedly an active overground worker of banned terrorist organisations Hizb-ul-Mujahideen and Lashkar-e-Taiba and was involved in smuggling arms, ammunition and explosives from across the LoC for further supply to terrorists operating in Kashmir.
The defence opposed the application, contending that the residential house and shed were ancestral properties and not proceeds of terrorism. It was further argued that the school land was Waqf land and the school was being run by the Auqaf Committee, and therefore could not be attached against the accused.
After considering the rival submissions, the court observed that Section 33(1) of UAPA permits attachment of property belonging to an accused facing trial for offences under Chapter IV or VI of the Act. The court held that such attachment is a preventive measure to ensure that the accused does not dispose of the property or create third-party interest during the pendency of trial.
The court noted that the accused is facing trial for offences under Section 120-B IPC, Sections 17, 18, 38, 39 and 40 of UAPA, provisions of the Arms Act and Explosive Substances Act. It further observed that the properties had not been attached earlier under any provision of UAPA.
Allowing the NIA’s application, the court directed that the properties shall remain attached to the extent of the accused’s share and that no third-party interest shall be created till the culmination of proceedings in the case.
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